If, after any material witness on the part of the prosecution has been discharged on the witness’s undertaking without surety, it is satisfactorily shown on the sworn application of the state‘s attorney or of some other person on behalf of the state made to the magistrate before whom the preliminary examination was held, or to any judge, that the presence of such witness or any other person on the part of the prosecution is material or necessary on the trial in court, such magistrate, justice, or judge may compel such witness, or any other material witness on the part of the state, to give an undertaking with sureties, to appear on said trial and give testimony therein, and for that purpose, such magistrate, justice, or judge may issue a warrant against any such person directed to a sheriff, marshal, or other peace officer, to arrest such person and bring the person before such magistrate, justice, or judge.

Terms Used In North Dakota Code 31-03-20

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.